VED PRAKASH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) VED Prakash Mishra son of late Nand Kishore Mishra is before this Court questioning the validity of the order dated 22.03.2011 passed by the District Basic Education Officer, Kushi Nagar (Annexure -10 to the writ petition), wherein order of dispensation of his service has been passed and the directives have been issued for recovery of the amount in question.

(2.) BACKGROUND of the case, as is reflected from the record, is that the petitioner's father, Nand Kishore Mishra had been performing and discharging duties as Head Master at primary school Naurangiya and he was to attain the age of superannuation on 30.06.1992. Petitioner claims that before his father could attain the age of superannuation, he died in harness on 27.06.1992. Petitioner claimed compassionate appointment by moving application in this regard and the Sub -Deputy Inspector of Schools submitted report on 08.03.1994 mentioning therein that the petitioner's father had died in harness and no one from the family of the deceased employee had been offered appointment, as such it was recommended to offer appointment to the petitioner. On the said recommendation dated 08.03.1994 being made, petitioner was offered appointment as assistant teacher.

(3.) ON presentation of writ petition, this Court proceeded to pass following order on 23.05.2011: